Terms of service

Terms of service

Overview

Welcome to Sparky X. The terms "we", "us" and "our" refer to Sparky X Pty Ltd (ABN 97 701 348 405), which operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Sparky X is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

1. Access and account

By agreeing to these Terms of Service, you confirm that you are at least 18 years of age.

To use the Services, including browsing our store or purchasing any of the products we offer, you may be asked to provide certain information such as your email address, billing, payment and shipping details. You agree that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

2. Our products

We make every effort to represent our products accurately. Colours and product appearance may differ from how they appear on your screen depending on your device and its settings.

Product descriptions and specifications are provided by the manufacturer and are subject to change without notice. We reserve the right to discontinue any product at any time, and may limit the quantities of any product we offer to any person or region.

Electrical products must be installed in accordance with the manufacturer's instructions and, where the law requires it, by a licensed electrician. You are responsible for ensuring that any product you purchase is suitable and lawful for your intended installation.

3. Orders

When you place an order you are making an offer to purchase. Sparky X Pty Ltd may accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order is accepted.

If we do not accept, change or cancel an order, we will attempt to contact you using the email address or phone number provided at the time of the order.

Your purchases are subject to return or exchange in accordance with our Refund Policy.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed and will be set out in your order confirmation email. Unless stated otherwise, posted prices include GST but do not include shipping and handling.

We may run promotions from time to time that are governed by their own terms. If those terms conflict with these Terms of Service, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate purchase and payment information, and to keep it up to date so that we can complete your transactions and contact you as needed. You confirm that you are authorised to use the payment method you provide.

5. Shipping and delivery

Delivery times set out in our Shipping Policy are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or by events outside our reasonable control. Risk of loss passes to you once the goods are delivered to you or to a person or place you have nominated.

6. Your rights under the Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

7. Intellectual property

The Services, including all text, images, graphics, video, audio and the design, selection and arrangement of them, are owned by Sparky X Pty Ltd or its licensors and are protected by Australian and international intellectual property laws.

These Terms permit you to use the Services for your own use only. You must not reproduce, distribute, modify, republish or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved.

Product names, brand names and logos appearing on the Services are the trademarks of their respective owners.

8. Optional tools and third-party links

You may be given access to tools offered by third parties that we neither monitor nor control. We provide access to those tools on an "as is" basis without warranties of any kind, and your use of them is at your own risk. You should make sure you are familiar with the terms on which those tools are provided.

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of third-party websites, and we are not liable for any loss arising from your use of them. Complaints or questions about third-party products and services should be directed to that third party.

9. Relationship with Shopify

Sparky X is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Sparky X. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sparky X, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sparky X.

10. Privacy

All personal information we collect through the Services is handled in accordance with our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes information about your use of the Services in order to provide them.

11. Feedback

If you submit any ideas, suggestions, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display that Feedback for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.

You confirm that your Feedback is your own, does not infringe anyone else's rights, and is not unlawful, defamatory or obscene. We may remove Feedback we consider objectionable or in breach of these Terms.

12. Errors and omissions

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such error and to change or update information, or cancel an order, if any information is inaccurate — including after you have submitted your order. Where we cancel an order for this reason, we will refund you in full.

13. Prohibited uses

You may access and use the Services for lawful purposes only. You must not use the Services for any unlawful or malicious purpose, to infringe anyone's intellectual property rights, to harass or abuse any person, to transmit false or misleading information, to send spam or unsolicited advertising, to impersonate any person or entity, to upload malicious code, to collect or track the personal information of others, or to interfere with or circumvent the security features of the Services.

We may suspend or terminate your account at any time if we determine that you have breached these Terms.

14. Termination

We may terminate this agreement or your access to the Services at any time, and you will remain liable for all amounts due up to the date of termination. The sections covering Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Governing Law and Privacy will continue to apply after termination.

15. Disclaimer of warranties

Subject to section 6 and to any rights you have under the Australian Consumer Law, the information presented through the Services is made available for general information purposes only, and we do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is at your own risk.

Subject to section 6, the Services are provided on an "as is" and "as available" basis, and we do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

16. Limitation of liability

Nothing in this section limits your rights under section 6.

To the fullest extent permitted by law, and other than liability that cannot lawfully be excluded, our total liability to you in connection with the Services or any product purchased through them is limited, at our option, to the replacement of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods.

To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, including lost profits, lost revenue or loss of data, arising from your use of the Services or any product purchased through them.

17. Indemnity

You agree to indemnify Sparky X Pty Ltd and Shopify, and our respective affiliates, officers, employees and agents, against any losses, damages, liabilities or claims payable to a third party arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your use of the Services — except to the extent the loss is caused by our own negligence or breach.

18. General

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be severed and the remaining provisions will continue to apply.

Our failure to exercise or enforce any right or provision of these Terms does not waive that right or provision.

These Terms, together with the policies referred to in them, form the entire agreement between you and us regarding your use of the Services, and supersede any earlier agreements or understandings.

You may not transfer or assign these Terms or your rights under them without our prior written consent. We may transfer or assign these Terms without notice to you.

The headings in these Terms are for convenience only and do not affect their interpretation.

19. Governing law

These Terms of Service are governed by the laws of New South Wales, Australia. You and Sparky X Pty Ltd submit to the non-exclusive jurisdiction of the courts of New South Wales.

20. Changes to these terms

You can review the most current version of these Terms of Service at any time on this page. We may update, change or replace any part of these Terms by posting the updated version to our website. Your continued use of the Services after we post a change constitutes acceptance of that change.

21. Contact

Questions about these Terms of Service can be sent to us at michael@sparkyx.com.au.

Sparky X Pty Ltd
ABN 97 701 348 405
michael@sparkyx.com.au